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Lock-up Facilities Regulations

made under

Section 22 of the

Corrections Act

R.S.N.S. 1989, c. 103

and under

Section 15 of the

Court Houses and Lockup Houses Act

R.S.N.S. 1989, c. 109

O.I.C. 89-1128 (September 26, 1989), N.S. Reg. 191/89

Table of Contents

Text of regulations

Table of Contents

Lock-up Facilities Regulations

Appendix "A" - Correctional Facilities Regulations

Lock-up Facilities Regulations

1 In these regulations

(a) "inspector" means the person appointed by the Minister pursuant to

[sub]section 5(1) of these regulations;

(b) "lock-up facility" means a police or court facility for the custody of an

offender upon arrest, pending a transfer to a correctional facility or

pending a court hearing;

(c) "Minister" means the Minister of Justice of Nova Scotia;

(d) "municipality" means a city, an incorporated town, a municipality of a

county or district, or the Halifax Court House Commission;

(e) "officer in charge" means the keeper or person responsible for the

management of the lock-up facility and the safe custody of persons

detained therein.

2 A municipality shall appoint an officer in charge for any lock-up facility provided

by the municipality and shall prescribe the duties of the officer in charge.

(1) In addition to any duties prescribed by the municipality, an officer in charge

shall comply with these regulations.

(2) The officer in charge shall provide to the inspector statistical or other

information as the inspector may request from time to time.

4 The municipality, through the officer in charge, shall be responsible for the

management of the lock-up facility and the care, health, safety and custody of the

persons detained therein and shall

(

a) provide that the lock-up facility is maintained so as to meet the

requirements for fire and life safety as prescribed by the office of the

Fire Marshal pursuant to the Fire Prevention Act ;

(

b) issue to employees of the lock-up facility such direction as may be

necessary to fulfill their responsibilities including emergency response

procedures, employee conduct, and employee duties with the lock-up

facility;

(

c) provide detained persons with information regarding their duties, rights

and privileges while in a lock-up facility;

(

d) provide training for employees as directed by the Minister;

(

e) provide that detained persons of one sex are held separate and apart

from detained persons of the opposite sex as soon after being taken into

custody as is reasonably possible;

(

f) provide that detained persons of one sex are supervised by persons of

the same sex as soon after being taken into custody as is reasonably

possible;

(

g) provide that no detained person is searched except in the manner

prescribed by regulations respecting searches made pursuant to

Section

22 of the Corrections Act * which regulations are attached hereto as

Appendix "A", and as amended from time to time;

(

h) provide for proper procedures for searches, use of restraint equipment,

and supervision of detained persons in order to ensure the dignity of

detained persons;

(

i) provide for the medical care of detained persons in the event of injury or

illness;

(

j) provide that any property and monies of a detained person are itemized

upon admission, safely stored, and returned to the detained person upon

release, and maintain verifying documents;

(

k) provide, in the discretion of the officer in charge, for the visitation

rights of detained prisoners;

(

l) provide for meetings between a detained person and the officer in

charge for the purpose of addressing concerns;

(

m) provide for confidentiality of information respecting detained persons

and the lock-up facility;

(

n) provide for procedures to protect detained persons and lock-up facility

employees from physical harm;

(

o) provide detained persons with food, clothing and bedding as prescribed

pursuant to regulations made pursuant to

Section 22 of the Corrections

Act *, as amended from time to time;

(

p) maintain standards of sanitation and cleanliness in the lock-up facility.

(1) The Minister may appoint a person as inspector to inspect lock-up facilities.

(2) The inspector shall inspect the lock-up facilities from time to time and may

make recommendations to the municipality operating a lock-up facility

respecting compliance with prescribed standards.

(1) Subject to subsection (2), no person shall be admitted to a lock-up facility

unless the person is

(

a) arrested; or

(

b) held in custody by virtue of a warrant issued by a Justice pending the

hearing or determination of the charge or matter with respect to which

the warrant was issued; or

(

c) subject to a warrant of committal, or a remand order to a correctional

facility, and the person is being held temporarily while awaiting transfer

directly to a correctional facility.

(2) A person may be admitted to the lock-up facility in accordance with Sections

37, 38 and 39 of the Hospitals Act.

(1) No person detained in a lock-up facility shall

(

a) gamble;

(

b) have in his possession any

article not authorized by the standing orders;

(

c) disobey any lawful order given by an employee;

(

d) smuggle, conspire or attempt to smuggle any

article either into or out of

the lock-up facility;

(

e) destroy or deface private or public property;

(

f) attack or threaten to attack any person within the lock-up facility;

(

g) cause, conspire or attempt to cause a disturbance, breach of the peace or

riot;

(

h) commit or attempt to commit an indecent act;

(

i) be in an unauthorized place or leave or attempt to leave the limits of the

lock-up facility's confines without being escorted by an employee or a

police officer;

(

j) give counsel to or aid and abet another detained person to do any act in

contravention of the Act or these regulations.

(2) Where a detained person contravenes clause (

d) of subsection (1), the officer

in charge shall seize and dispose of the unauthorized

article in accordance

with regulations made pursuant to

Section 22 of the Corrections Act *, as

amended from time to time.

(1) Where a detained person dies while being held in a lock-up facility, the

officer in charge shall notify the police and the next of kin immediately and

shall ensure that the inspector and the chief medical examiner or medical

examiner for the county where the lock-up facility is situate are advised of the

death.

(2) The officer in charge shall dispose of the deceased's property in accordance

with regulations made pursuant to

Section 22 of the Corrections Act *, as

amended from time to time.

9 A person or municipality who fails to comply with any provision of these

regulations is guilty of an offence.

[*Note: the regulations respecting correctional facilities made under

Section 22 of the Corrections Act , referred to in clauses 4(

g) and (

o) and subsections 7(2) and 8(2) of these regulations, are repealed by the Correctional Services Regulations , N.S. Reg. 99/2006, made under the Correctional Services Act , S.N.S. 2005, c. 7, effective July 1, 2006.]

Appendix "A"

Correctional Facilities Regulations

made under

Section 22 of the

Corrections Act

R.S.N.S. 1989, c. 103

O.I.C. 88-1363 (December 13, 1988), N.S. Reg. 248/88

[Note: the regulations respecting correctional facilities, N.S. Reg. 248/88, that were reproduced in this Appendix are repealed by the Correctional Services Regulations , N.S. Reg. 99/2006, made under the Correctional Services Act , S.N.S. 2005, c. 37, effective July 1, 2006.]